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46 U.S.C. § 9101 — Standards for foreign tank vessels

submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

The section requires evaluations of foreign tank-vessel standards and allows entry bans when those standards are inadequate or unenforced.

(a)(1) The Secretary must periodically evaluate a foreign country's manning, training, qualification, and watchkeeping standards for vessels covered by chapter 37, and must evaluate them when such a vessel is involved in a reportable marine casualty under section 6101(a)(4) or (5). (2) After each evaluation, the Secretary must decide whether the country has licensing and certification standards at least equivalent to United States law or United States-accepted international standards, and whether the country enforces them. (3) If not, the Secretary must bar that country's documented vessels from entering the United States until the standards are established and enforced. (4) The Secretary may allow provisional entry if the owner or operator shows the vessel is not unsafe or a threat to the marine environment, or if entry is needed for the vessel's or occupants' safety. (b) A covered foreign vessel carrying oil or hazardous material in bulk, or residue, must have the number of certified tankermen or equivalent personnel the Secretary requires when transferring it in a United States-jurisdiction port or place. Applicable terminal procedures must state this requirement. Transfer may occur only if the responsible crew member can clearly understand English instructions.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies—

(A)

on a periodic basis; and

(B)

when the vessel is involved in a marine casualty required to be reported under section 6101(a)(4) or (5) of this title.

(2)

After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether—

(A)

the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and

(B)

those standards are being enforced.

(3)

If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced.

(4)

The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if—

(A)

the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or

(B)

the entry is necessary for the safety of the vessel or individuals on the vessel.

(b)

A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulk as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. The requirement of this subsection shall be noted in applicable terminal operating procedures. A transfer operation may take place only if the crewmember in charge is capable of clearly understanding instructions in English.

Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101–380, title IV, § 4106(a), Aug. 18, 1990, 104 Stat. 513.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 98-89 · 97 Stat. 556
  • 1990Amended · Pub. L. 101-380 · 104 Stat. 513

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.

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